Search for "Constitution"

Displaying 1-20 of 26 results
Article

Senate of Canada

The Senate is the Upper House of Canada's Parliament. Its 105 members are appointed and hold their seats until age 75. The Senate's purpose is to consider and revise legislation, investigate national issues, and most crucially according to the Constitution — give the regions of Canada an equal voice in Parliament. Long regarded by many Canadians as a place of unfair patronage and privilege, the Senate is a controversial institution; an unresolved debate continues about whether it should be reformed into an elected body accountable to the voters, or abolished.

Article

Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval from Britain.

Article

Charlottetown Accord

The Charlottetown Accord of 1992 was a failed, joint attempt by the government of Prime Minister Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution, specifically to obtain Quebec's consent to the Constitution Act of 1982.

Article

Dominion of Canada

Dominion of Canada is the country’s formal title, though it is rarely used. It was first applied to Canada at Confederation in 1867. It was also used in the formal titles of other countries in the British Commonwealth. Government institutions in Canada effectively stopped using the word Dominion by the early 1960s. The last hold-over was the term Dominion Day, which was officially changed to Canada Day in 1982. Today, the word Dominion is seldom used in either private or government circles.

Article

Meech Lake Accord

In 1987 the Progressive Conservative government of Prime Minister Brian Mulroney attempted to win Québec's consent to the revised Canadian Constitution — following the Québec government's rejection of it in 1981.

Article

Indian Act

The Indian Act is the principal statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. It was first introduced in 1876 as a consolidation of previous colonial ordinances that aimed to eradicate First Nations culture in favour of assimilation into Euro-Canadian society. The Act has been amended several times, most significantly in 1951 and 1985, with changes mainly focusing on the removal of particularly discriminatory sections. The Indian Act pertains only to First Nations peoples, not to the Métis or Inuit. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of First Nations peoples. The Act also outlines governmental obligations to First Nations peoples, and determines “status” — a legal recognition of a person’s First Nations heritage, which affords certain rights such as the right to live on reserve land.

This is the full-length entry about the Indian Act. For a plain language summary, please see Indian Act (Plain Language Summary).

Article

Constitution Act, 1867

​The Constitution Act, 1867, originally known as the British North America Act (BNA Act) was the law passed by the British Parliament creating the Dominion of Canada at Confederation.

Article

Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

Article

Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens, the other two being constitutional law and criminal law. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

Article

Patriation of the Constitution

In 1982 Canada "patriated" its Constitution, transferring the country's highest law, the British North America Act, from the authority of the British Parliament — a connection from the colonial past ­— to Canada's federal and provincial legislatures.

Article

Statute of Westminster

The Statute of Westminster, of 11 December 1931, was a British law clarifying the powers of Canada's Parliament and those of the other Commonwealth Dominions. It granted these former colonies full legal freedom except in those areas where they chose to remain subordinate to Britain.

Article

Balfour Report

The Balfour Report of 1926 was an important document in Canada’s evolution to become a fully self-governing nation. The report declared that Britain and its Dominions were constitutionally equal. The findings of the report were made law by the British Parliament in the 1931 Statute of Westminster. This was the founding document of the modern Commonwealth. Canada remained linked to Britain politically. But legal power shifted decisively to the Canadian Parliament and its prime minister. This shift quickly led to an independent Canadian foreign policy and to the creation of its diplomatic service. It took several decades before Canada assumed all of its other powers under the Statute.

Article

Constitutional Act 1791

The Constitutional Act of 1791 was an Act of the British Parliament creating Upper Canada and Lower Canada. Although it was a first step towards Canadian Confederation, its rigid colonial structures also set the stage for rebellion in the two Canadas.

Article

Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislaturesto judicial scrutiny — an ongoing source of controversy.

Article

Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

Article

Fathers of Confederation

Thirty-six men are traditionally regarded as the Fathers of Confederation. They represented the British North American colonies at one or more of the conferences that led to Confederation and the creation of the Dominion of Canada. These meetings included the Charlottetown Conference (September 1864), the Quebec Conference (October 1864) and the London Conference (December 1866 to March 1867). Beyond the original 36 men, the subject of who should be included among the Fathers of Confederation has been a matter of some debate. The definition can be expanded to include those who were instrumental in the creation of Manitoba, bringing British Columbia and Newfoundland into Confederation, and the creation of Nunavut. (See also  Fathers of Confederation: Table.)

Article

Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

Article

Quebec Conference, 1864

From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.

Article

First Nations

First Nations is a term used to describe Indigenous peoples in Canada who are not Métis or Inuit. First Nations people are original inhabitants of the land that is now Canada, and were the first to encounter sustained European contact, settlement and trade. According to the 2016 Census (Statistics Canada), 977,230 people in Canada identified as being of First Nations heritage, a growth of 39.3 per cent since 2006. There are 634 First Nations in Canada, speaking more than 50 distinct languages.

For more detailed information on specific First Nations, see Indigenous Peoples in Canada.